TAXATION -- STATE SALES TAXES IN RELATION TO INTERSTATE COMMERCE -- THE BERWIND-WHITE CASE

One of the underlying theories of the constitutional framework, as exemplified by the commerce clause, is that there shall be a free national market, unhampered by state tariffs or restrictions. Congressmen are free to ward off the rigors of disastrous foreign competition by bringing home industries under the protective umbrella of high national tariffs, but state legislators are supposed to be powerless to protect their local industries from the damaging competition--that most potent stimulant to improvement and progress --emanating from other states

FEDERAL COURTS - JURISDICTION OVER VIOLATIONS OF CIVIL LIBERTIES BY STATE GOVERNMENTS AND BY PRIVATE INDIVIDUALS

The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from their slightly detached position, federal judges could take a more objective approach to the problem. This belief has been well rewarded. The protection afforded, especially in the Supreme Court, has been outstanding the past few years